DiMA Supports Congressional Consideration of Copyright Office Recommendations on pre-1972 Sound Recordings

(Washington, D.C.) – The Copyright Office yesterday released long-awaited report on the federal treatment of pre-1972 sound recordings. The office was specifically tasked with the responsibility of examining the desirability and means for bringing such recordings under protection of federal copyright law.  Lee Knife, DiMA’s Executive Director released the following commentary on the report:

“The legislative recommendations included in the Copyright Office’s report touch upon several issues that will affect digital media companies and are worthy of Congressional consideration.  One specific example is the report’s recommendation that, as a necessary complementary element of the conferring of federal copyright protection to sound recordings fixed prior to 1972, all existing limitations to copyright protection under federal law extend to those sound recordings, as well.  This proposal would provide legitimate online distributors of copyrighted materials with greater certainty when making use of such works. Recent legal precedent already suggests that online service providers enjoy DMCA protection with regard to the use of such recordings. The Copyright Office’s report wisely proposes extending those protections to explicitly embrace additional limitations and defenses, including the concept of fair use.”